These terms is by and between 404 Media operating as MotionArray.com (hereinafter known as "Publisher") and you (hereinafter known as "Author"), concerning work presently known as Royalty Free content with rights to sell (hereinafter known as "Digital Media").
The seller terms is considered legal and binding in all countries. If there should be any legal dispute, the laws of the state of Georgia, USA shall apply.
I. The Author hereby represents and warrants to the Publisher that:
A. The Digital Media is free and clear of any counts of libel, plagiarism, breach of privacy or misrepresentation of facts.
B. The Digital Media does not infringe upon any copyright or proprietary right, common law or statutory law, and does not contain any material of libelous nature.
C. The Digital Media is not in the public domain and the Author is the sole owner and copyright holder of the work with full power to enter into this contract.
D. If the Digital Media has been previously published in whole or part, the Author currently holds all copyrights to the Work and is legally permitted to enter this agreement.
E. The Author releases Publisher from any responsibilities relating to any legal actions incurred by the contents of the Work or the Author.
This representations contained herein are true on the date of the signing of this contract.
II. Grantor of Rights:
The Author, on behalf of himself/herself and his/her heirs, executors, administrators, successors and assignees, agrees to grant the Publisher rights to publish and sell digital downloads of the Work.
Electronic rights will be granted to the publisher commencing on the date the Work is delivered and approved by the publisher. After such time, the Seller Terms can continue if both parties agree as long as the author continues to deliver the Work.
Contract may be terminated by the Author by simply removing the work from MotionArray.com. The author will continue to grant 100% royalty free rights to customers who downloaded in electronic formats all Work delivered by Author prior to contract termination.Publisher can terminate this contract at any time and remove all Digital Media delivered by the Author.
IV. Royalties and Statements
A. Publisher agrees to pay a percentage of sales from all Digital Media and services provided at MotionArray.com. 50% of the revenue will be distributed to all the content producers every month depending of their respective download percentages of each category. The total amount of revenue that will be paid to the Author is calculated based on the total percentage of downloads of the product category owned by the Author. The share the Author owns can vary from month to month depending on other Author’s contributions, revenue that the site generates and performance of their content.
B. Payment to the Author will be made by the 15 of the following month via Paypal or Payoneer. It is the author's responsibility to assign a payout system before a payout is processed. The author must have a minimum of $50 for the payment to become effective, if this amount is not met, the dollar amount will carry over the next month until $50 has been reached to process a payout.
C. No payments shall be made on files delivered for review or as preview files. All files must be approved by the Publisher and files must be downloaded by a current member of motionarray.com before payment is calculated.
D. The Author is responsible for paying his/her own taxes and fees on all payments received from Publisher and it is advised to keep accurate records for tax purposes. W9s are required for US authors.
F. The Publisher reserves the right to remove any Digital Media content from any category at their discretion without needing to provide explanation to the Author.
G. MotionArray.com and 404 Media is not liable for any loss suffered by the Author as a result of a buyer or any other person making use of your item contrary to the buyers Terms of Service.
H. The Publisher may use your content previews in whole or in part for marketing purposes to promote MotionArray.com and we may include your quotes, images, seller names and/or product names in emails, social media posts and MotionArray.com.
"404 Media" may at any time sell itself, or the majority of itself, its holdings, or licenses. Current contracts would transfer to the new owner.
VI. Entire Agreement:
The Seller Terms hereby constitutes the entire agreement between Author and Publisher and supersedes all previous agreements regarding the Work, whether oral or in writing.